Williams v. Back

I respectfully dissent. I would hold that, as a matter of law, a creditor cannot charge usurious interest without the debtor’s actual or constructive knowledge. The statute involved, Tex.Rev.Civ.Stat.Ann. art. 5069-1.06 (1971), is penal in nature and must be strictly construed. Houston Sash & Door Co., Inc. v. Heaner, 577 S.W.2d 217 (Tex.1979). In sending the statement in question which never reached appellant, appellee has only attempted to charge usurious interest. Art. 5069-1.06 requires that appellee actually charge usurious interest. Even the majority opinion states that “[t]he basis of…